The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1887-12-22
CLAIMING THE BONDS.
Mrs. 0. N. Spoford Files Her Bill Against
Martin Female College.


Their, of whose estate she is the ex-
ecutrix. kThe bill claims that TIE
will only conveyed the interest or
the bonds to tire officers of the
church and seeks TO recover ths
corpus Of the bonds after the cou-
pons are clipped and she bonds ma
ture. The claim is founded upon the
will. the Sth item Of which ia IS fol-
lows:
Item 81 direct my executor to de-
post in some bank or secure place thir-
ty state bonds of one thousond dollars
each, eighteen of the old series, and
twelve of the new, and pay over to the
officers of the Methodist Church, South,
established in the town of Pulaski, the
interest hich may accrue and be col
lected On the same to be By them ap-
propriated for the purchasing OF
grounds and erecting suitable buildings
for female school, and after said
building shall be erected, said interest
shall be annually appropriated in part
payment of the teachers who may be
employed in said school.
The bill alleges the bequest void
for uncertainty because there is no
means OF ascertaining who the 'cffi
cers of the church" were, the 18Th
allegation beng as follows:
Plaintiff is advised that it is wholly
uncertain to whom the words Officers
of the church. applied. There is MOTH
ing in the discipline nor church gov
eminent of the M. E. Church, South,
by which to determine who are or were
the officers of said church at Pulaski at
the death OF the testator nor now, nor
do the authorities of said church agree
as to who are the officers of given
church or society, nor was there at the
death of the testator any means of de-
termining to whom the words "officers
of the church at Pulaski" applied.
The bill further alleges that the
beuuest is void because the "officers
of the church," even if known,
could not lakeland hold because the
church was unincorporated. The
allegation reads:
"She isfurther advised ard charges
that the oequest OF the interest afore-
said contained in said item s directing
the payment of the interest on said
bonds to the officers of an unincorpora-
ted voluntary society or association for
the purchase of grounds, etc., for the
benefit OF female school not then in
existence, as provided in said item s,
is wholly void.
The 18th allegation claims that
the defendants have no right 10 the
interest on the bonds nor to the
$1,000 in cash conveyed in the 1Iih
item of the will, sbut inasmunh as
The payment of said interest and
S., 200 has been acquiesced in up to
this date plaintiff does not seek to
recover any part OF said fund here
tofore paid = plaintiff re-
serves the right to consent to ratify
said bequest in items 8 and Is
should she be hereafter inclined to
do SO, plaintiffs chiefpurpose being
70 assert her right in and TO the
corpus or principal of the bonds.
The $4,000 new series mature In
1892 and the $4,000 old series ma
ture in 1898, so that If Mrs. Spot
lord gains the suit she does not
claim possession until then. The
PRAYER to the bill claims the bonds
and unaccrued interest, but she has
instructed her attorneys not to in
sist upon decree for the interest.
All the officers of the church as
now organized in Pulaski and the
trustees and officers of the college
are made parties defendant.
1t is believed, though we have
no authority to verify it, that Mrs.
Spoford seeks to set up her claim
and protect the endowment ia the
event the supreme court should
decide the suit now pending in IA
vor of the land thus pre-
vent it being seized by persons not
contem plated by the testator, aud
having thus rescued them, she will
restore them to the trustees, rene
dying thus the defect in the will.
It is known that she desires to car
ry out her fathers purpose to the
fullest extent, and it being easily
established by the attorney who
drew the will and by the witnesses
to it, who yet survive, that he in
tended to convey the corpus, and
that the neglect 80 to do in exact
words being attribntshle to over
sight in the draughtsman, it is
thought she villas soon as she gets
a decree, convey them herself in
legal form.
In eny event, the suit cannot af
feet the operations Of the college
The recovery sought is so remote
+, that there can be no damage to re
suit to the college, and ia the mean
time. if she should win the bonds
and take them, the institution
would be upon an impregnahle
financial basis without them.
1t cannot be denied that the
claim seems we'll founded. We are
informed that Judge Spofford wa:
OF opiniel that the corpus could b'
reclaimed aud We have great faith
in his judicial opinion. I there il
no statute of limitation intervening
and if the courts do not hold tina
the conveying of the interest car
ried also the principal, it seems. t.
say the least OF it. that the claim i
not without reasonable foundation
1t presents a question, However, 70
lawyers to perplex themselves over
| We nay remark, in q surmisin,
way, that it is quite probable tina
. Mrs. Spofford never would have 81
tempted to set up this claim if til
F conference people had not attempt
ed to confscate the college, and
she succeeds they may congratulate
: themselves that they wrought thi
J damage without the slightest posi-
bility of gaining an iota of beneii
! to themselves. And yet, with eacI
: succeeding blow, Martin Colleg
grows and prospers and marches OF
unto that most perfect day whe
she shall take her place as ih
Leading female university of til
!, south-a consun nation most dc
voutly prayed for by every mar
woman and child in Giles county
| Marriages.
j II Gilbert aud FEMME Gilbert,